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Home My WebLink AboutORDINANCES-1973-091-O-73• 0'. 91-0-73 AN ORDINANCE Introduced: October 15, 1973 Adopted: October 22, 1973 with Lease Amended by the Council 10/22/73. X To Lease Certain Property for Construction of a Shelter Type Open Air Structure WHEREAS the City Council has determined that it is desirable to lease the real estate, hereinafter described, for a - construction of a shelter type open air structure; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON,COOK COUNTY, ILLINOIS: SECTION 1: That it is hereby determined that it is desirable for the City of Evanston to lease from the Northeast Park District the following described real estate in the City of Evanston, County of Cook and State of Illinois, to wit: That portion of Lot 3, Lot 4 and Lot 5 in Deering Park, a resubdivision of part .of Lots 5 and 6 in Block 5 in Charles E. Brown's Lake Road Addition to Evanston in the Southeast quarter of Section 35, Township 42 North, Range 13, East of the Third Principal Meridian, in Cook County, Illinois; and shown on a plat of resubdivision recorded as docu- ment 18883549, August 14, 1963, as follows: commencing at a point 17 feet west of.a point being the intersection of the south line of Lot 5 and the west line of Lot 4, and 53 feet North of the south line of Lot 5, thence west north westerly upon an .angle of 17 degrees, a distance of 24-feet, thence • north, northeasterly upon an angle of 107 degrees, a distance of 39 feet, thence east southeasterly upon an angle 197 degrees, a distance of 24 feet thence south, southwesterly upon an angle of 287 degrees, a distance of 39 feet to the point of beginning. 099 being a parcel of'land approximately 30 feet by 40.feet located in the Northeast Park District, Evanston, Illinois, which real property is suitable.for the construction of an open air shelter structure. r 91-0-73 SECTION 2: That the.City Manager of the City'of Evanston and the City Clerk of the City of Evanston are hereby authorized and directed to execute a lease with the • Northeast Park District for the real property hereinbefore des- cribed for and on behalf of the City of Evanston. SECTION 3: .That this ordinance shall be in full force and effect from and after its -passage and approval in the manner provided by law. Introduced October 15 1973 Adopted Octob,,er 22 1973 Approved October 22 /s/ Maxine H. Lange Mayor Pro Tem .ATTEST: /.s/ Edgene Dunworth, Jr. Deputy City Clerk Approved as to form: /s/ Jack M. Sieszel' Corporation Counsel , 1973 Amended by Council 10/22/73. L E h. S E THIS INDENTURE made this day of , 1973, by and between the NORTHEAST PARK DISTRICT, hereinafter called the Lessor, and the CITY OF EVANSTON, a municipal cor- poration, organized and existing under and by virtue of the laws of the State of Illinois, situated in Cook County, Illinois, hereinafter called the Lessee, WITNESSETH: 1. The Lessor, in consideration of the rents to be paid and the covenants and agreements herein.contained to be kept, performed and fulfilled by the Lessee, as hereinafter stipulated, demises and leases unto the Lessee all those lands and premises situated and being in the City of Evanston, County of Cook and State of Illinois, known and described as follows, to -wit: That portion of Lot 3, Lot 4 and Lot 5 in Deering Park, a resubdivision of part of Lots 5 and 6 in Block 5 in Charles E. Brown's Lake Road Addition to Evanston in the Southeast quarter of Section 35, Township 42 North, • .Range 13, East of the Third Principal Meridian, in Cook County, Illinois, and shown on a plat of resubdivision recorded as document 18883549, August 14, 1963, as follows: commencing at a point 17 feet west of a point being the intersection of the south line of Lot 5 and the west.line of Lot 4, and 53 feet North of the south line of Lot 5, thence west north westerly upon an angle of 17 degrees, a distance of 24 feet, thence north, northeasterly upon an angle of 107 degrees, a distance of 39 fee_t, thence east southeasterly upon an angle 197 degrees, a dis- tance of 24 feet thence south, southwesterly upon an angle'of 287 degrees, a distance of -39 feet to the point of beginning, being a parcel of land approximately 30 feet by 40 feet located in the Northeast Park District, Evanston, Illinois. To have'and to hold the said premises with the rights, privileges, easements and appurtenances thereunto'attaching and • belonging unto the Lessee for and during the term of twenty (20) years said property is to be occupied and used for a shelter type open air structure and for no other purpose. Lessee has the option to elect to renew this lease. This lease may be terminated by -the Lessor or Lessee at any • time for just cause by giving to the other party twelve (12) months' notice in writing thereof. Service of such notice or any 'notice to Lessor shall be sufficient if the same is deposited in the United States mail, registered, and.addressed to the Lessee at the Evanston City Hall, 1501 Oak Avenue, Evanston, Illinois, 60204. Service of such notice or any notice to Lessor shall be sufficient if the same is deposited in the.United States Mail, registered, .and .addressed to Lessor at .the Office of the Northeast Park.District, Evanston, Illinois, .60204. 2. In consideration of the leasing aforesaid, the Lessee hereby -agrees to pay to the Lessor, as rent for said demised premises, 'the sum of One Dollar ($1.00) on, or before November 1, is 1973, and the further sum of One Dollar ($1.00) per annum on the 1st day of November in each year thereafter during the term of this lease, at the office of the Northeast Park District in•Evanston, Illinois. 3. Lessee shall construct at its own expense.a shelter type open air structure on the above described premises. The plans and general specifications for the shelter structure and the interior lighting therein shall be approved by the Northeast Park District Board, or'its designated representative, before construction of said shelter shall begin. 4. Lessor covenants and agrees to grant to Lessee an ease- ment from the Lessee's power source for the purpose of iristalling • on said demised premises an underground electrical cable across the Northeast Park to the open air structure. This easement shall be exercised by the Lessee, its agents, servants and employees. The location of said easement shall be mutually approved by the Lessor or its representative and Lessee. 5. Lessor covenants and agrees to grant access to the open air structure across the Northeast Park from the Evanston Art Center. Lessee.will provide for the construction and maintenance • of such access path. Plans for the access path shall be approved "by.the Northeast Park Board. 6. Upon the expiration or termination of this lease as herein provided, the Lessee -will surrender possession of the demised premises and remove the open air structure and all other buildings, structures, and improvements installed on said premises and Lessee shall restore the premises to a neat, clean, and orderly condition. 7. Lessee agrees that it will not remove any trees, bushes, or flowers from the demised premises and shall physically protect the natural vegetation during construction of the open air structure. 8. The Lessor reserves the right to construct all signs in regard to the control and use of the open air structure. • 9. Lessor shall designate and enforce certain regulations. pertaining to the open air structure and its use including, but not limited to, the following: a. The use of the shelter shall end by 11:00 P.M. each night and not begin before 7:00 A.M. any day. b. Groups over twelve (12) persons will re- quire a'permi.t to use the shelter, such permits to be'issued by the Lessor or its representative. c. Les.see will provide for general Police in- spection and protection as deemed necessary during the day and evening hours. • -3- d. Lessors shall keep the demised premises in a clean, neat, and orderly condition and shall police and control the open air struc- ture and the surrounding area. • 10. Lessee agrees to name Lessor as one of the insured therein under Lessee's public liability policy. Lessee assumes all risks in connection with the occupation and use of the demised premises and agrees to indemnify and hold harmless the Lessors, its successors and assigns, from any and all loss, cost, damages or expenses arising from or growing out of any injury to or death of persons or damage to the demised premises in any way resulting from the use and occupation of the said demised premises by Lessee and to defend at its own expense, any and all actions, suits, or claims for any such injury, death or damage. 11. Upon completion of the open air structure, the Lessor will assume responsibility for the operation of said structure • including the issuance of permits and continued maintenance of the structure. 12. The Lessor shall at its own cost and expense install any additional lights -for the purpose of insuring that with the en- suing bid for lighting, both for the Deering Park and the North- east Park, one contract will be awarded. 13. Lessor shall pay a stipulated sum of money, to be agreed upon by the Lessor and Lessee, on a season's basis for the opera- tion of any installed lights on Northeast Park, beyond that of the open air structure. IN WITNESS WHEREOF, the parties have executed this lease .in triplicate the day and year above written. • NORTHEAST PARK DISTRICT By Chairman of NORTHEAST PARK DISTRICT BOARD ATTEST: Secretary CITY OF EVANSTON By City Manager ATTEST: • City Clerk • -5-